NSW Caselaw
New South Wales District Court
CITATION: R v Aikman & Bicanic [2007] NSWDC 206
HEARING DATE(S): 3rd August 2007 4th September 2007
JUDGMENT DATE: 4 September 2007
EX TEMPORE JUDGMENT DATE : 4 September 2007
JURISDICTION: Criminal
JUDGMENT OF: Conlon SC DCJ
DECISION: Convicted.; Sentenced to a period of imprisonment of two years each; Sentence suspended under s 12 Crimes (Sentencing Procedure) Act on the condition they enter a good behaviour bond, with conditions, for a period of two years, commencing today.
LEGISLATION CITED: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: R v Way [2004] 60 NSWLR 168
Crown PARTIES: Scott Aikman (Co-Accused) Aaron Bicanic (Co-Accused)
FILE NUMBER(S): 07/41/0037; 07/41/0030
SOLICITORS: Ms K Ratcliffe (Crown) Mr J David (Both Accused)
JUDGMENT
1 HIS HONOUR: Mr Aikman and Mr Bicanic, it may take me awhile to go through this but I am going to ask you to do the best that you can to follow everything that I say.
2 The offenders, Aaron Bicanic and Scott Aikman, appear for sentence following their pleas of guilty to a charge of assault police officer in the execution of duty causing actual bodily harm. That offence is contrary to s 60(2) of the Crimes Act 1900. This offence carries a maximum penalty of seven years imprisonment.
3 The agreed facts are as follows: That on Saturday 30 September 2006 at about 12.05am Constables Poort and Otero did their regular check of an unattended police facility in Moore Street, Austinmer.
4 Police had been called to this location several times during the night regarding intoxicated persons causing a disturbance and fighting there.
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